Benabdallah v Humphries
Motion No: 2005-10378
Slip Opinion No: 2006 NYSlipOp 61209(U)
Decided on January 30, 2006
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M35442

Y/sl

ANITA R. FLORIO, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

JOSEPH COVELLO, JJ.

2005-10378

Abdel Benabdallah, et al., appellants, v

Robert Humphries, et al., respondents.

(Index No. 2564/03)

DECISION & ORDER ON MOTION

Motion the respondents to dismiss an appeal from an order of the Supreme Court, Kings County, dated September 29, 2005, on the grounds that no appeal lies from an order denying leave to reargue, and that the notice of appeal is defective.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

FLORIO, J.P., RITTER, GOLDSTEIN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court